Each province in Canada has its own Workers Compensation Program that pays disability income to workers who are injured while at work. To be eligible for workers’ compensation payments, you must work for a covered employer and suffer a work-related injury or illness. If you qualify for workers’ compensation benefits, you can receive disability income payments to age 65, and sometimes longer. You may also qualify for other benefits including, payment of health care and equipment expenses as well as payment for pain and suffering.
Eligibility for workers’ compensation benefits
Each Provinces’ workers’ compensation program has its own eligibility criteria, but generally they all include the following:
- Your employer has coverage through Workers’ Compensation; and
- You have suffered a work-related injury or illness.
What are workers’ compensation benefits
Workers’ compensation benefits vary from province to province, but they normally will include a mix of income payments, medical expense benefits, and income cases compensation or pain and suffering.
Deadlines to apply for workers’ compensation benefits
All workers’ compensation programs include strict deadlines to file a claim for benefits. The deadlines can vary from program to program but are usually six months from the date of injury or illness. With some limited exceptions, it is critical that you file a claim for workers’ compensation before the deadline. Failure to file a timely claim is the number one reason an otherwise legitimate claim will be denied.
Interaction of workers compensation benefits and long-term disability benefits
If you are covered by both workers’ compensation and long-term disability insurance, then it is critical that you apply to both programs. Failing to apply to both programs is a common mistake that may result in you being denied benefits under both programs. Seeking to avoid workers’ compensation claims, some employers will try to push workers into only applying for disability insurance benefits, when in fact the worker should be applying to both programs. This is a common mistake that can result in the employee being denied benefits under both program for technical reasons, even though her or she is otherwise legitimately disabled.
Applying for workers’ compensation benefits
The various workers’ compensation programs in Canada share a similar application process. They require the worker to report the illness or injury as soon as possible. Most programs have a six-month deadline to file a report of injury or illness. Each program has its own injury report form. You apply by filing an injury report and sending it to the workers compensation program office.
Appealing a denial of workers compensation benefits
The various workers’ compensation programs have very similar appeal procedures. If your initial claim is denied, you file a reconsideration appeal directly with the Workers Compensation Program. If that appeal is denied, then you typically appeal to an independent tribunal which will give a final decision. Appeals beyond the independent tribunal can only deal with errors of law, so it is essential that you present all evidence in your Tribunal Appeal.
Workers’ compensation programs by province and territory
Each province has its own workers’ compensation program. The rules and benefits are unique to each program.
Workers’ advocates programs by province and territory
Alberta | Workers Compensation Board of Alberta 9912-017 Street PO Box 2415 Edmonton, AB T5J 2S5 Tel: 780-498-3999 https://www.wcb.ab.ca |
British Columbia | WorksafeBC (Workers’ Compensation Board of British Columbia) 6551 Westminster Highway Richmond, BC V7C 1C6 Tel: 604-231-888 https://www.worsafebc.com |
Manitoba | Workers Compensation Board of Manitoba 333 Broadway St. Winnipeg, MB R3C 4W3 Tel: 204-954-4999 https://wcb.mb.ca |
New Brunswick | WorksafeNB 1 Portland St. PO Box 160 Saint John, NB E2L 3X9 Tel: 506-632-2200 https://worksafenb.ca |
Newfoundland and Labrador | Workplace Health, Safety & Compensation Commission of Newfoundland and Labrador 146-148 Forest Rd. PO Box 9000 St. John’s, NL A1A 3B8 Tel: 709-778-1000 https://workplacenl.ca/ |
Northwest Territories and Nunavut | Workers Compensation Board of the Northwest Territories and Nunavut 5022 49th Street, 5th Floor Centre Square Tower PO Box 8888 Yellowknife, NT X1A 2R3 Tel: 867-920-3888 https://www.wscc.nt.ca |
Nova Scotia | Workers’ Compensation Board of Nova Scotia 5668 South St. PO Box 1150 Halifax, NS B3J 2Y2 Tel: 902-491-8999 https://www.wcb.ns.ca |
Ontario | Workplace Safety and Insurance Board Head Office 200 Front Street West Toronto, Ontario M5V 3J1 Tel: 416-344-1000 https://www.wsib.ca/en |
Prince Edward Island | Workers’ Compensation Board of Prince Edward Island 14 Weymouth St. PO Box 757 Charlottetown, PE C1A 7L7 Tel: 902-368-5680 https://www.wcb.pe.ca |
Quebec | Commission des norms, de l’équité, de la santé et de la sécurité due travail (CNESST) 524, rue Bourdages Quebec, Qc G1K 7E2 Tel: 844-838-0808 |
Saskatchewan | Saskatchewan Workers’ Compensation Board 200-1881 Scarth St. Regina, SK S4P 4L1 Tel: 306-787-4370 https://wcbsask.com |
Yukon | Yukon Worker’s Compensation, Health and Safety Board 401 Strickland St. Whitehorse, YK Y1A 5N8 Tel: 867-667-5645 https://wcb.yk.ca |
Each province and territory has a free legal clinic to represent workers who need to appeal claim denials from the workers’ compensation board. These legal clinics are funded by the provincial government but are independent from the Workers Compensation programs. Each of these legal clinics have their own rules for and criteria for who is eligible for their services. You must contact these clinics to see if they can represent you in your appeal.
Alberta | Office of the Appeals Advisor Tel: 866-922-9221 https://www.wcb.ab.ca/workers/appeals_advisor.asp |
British Columbia | Workers Advisors Office Tel: 800-663-4261 https://www.labour.gov.bc.ca/wab/ |
Manitoba | Worker Advisor Office Tel: 800-282-8069 https://www.gov.mb.ca/labour/wao/index.html |
New Brunswick | Worker’s Advocate Tel: 506-453-2597 https://www2.gnb.ca/content/gnb/en/services/services_renderer.15396.html |
Newfoundland and Labrador | Worker’s Advisor Tel: 800-563-1998 https://workplacenl.ca/workers/worker-advisors/ |
Northwest Territories and Nunavut | Workers’ Advisors Office Tel: 867-444-0051 https://www.workersadvisor.ca/ |
Nova Scotia | Workers’ Advisor Program Tel: 800-774-4712 https://novascotia.ca/lae/wap/ |
Ontario | Office of the Workers Advisor Tel: 416-325-8570 https://www.owa.gov.on.ca |
Prince Edward Island | Worker Advisor Program Tel: 800-658-1806 https://www.gov.pe.ca/labour/index.php3?number=1004722 |
Quebec | Service des plaints Tel: 800-361-9593 https://www.clp.gouv.qc.ca/ |
Saskatchewan | Office of the Workers’ Advocate Tel: 877-878-2456 https://www.saskatchewan.ca/business/safety-in-the-workplace/assistance-for-wcb-claims-and-appeals |
Yukon | Worker’s Advocate Tel: 867-667-5324 https://www.justice.gov.yk.ca/prog/ms/wad/index.html |